Domestic violence and restraining orders will impact a divorce in many ways here in San Diego. It is not uncommon for our courts to issue restraining orders in domestic violence situations. A person can request a domestic violence restraining order if he or she has been threatened with abuse or has in fact been abused by a person with whom he or she has a close relationship.
Close relationships include marriages and domestic partnerships as well as situations in which people are romantically involved or have previously been romantically involved. Two people who have a child together are deemed to have a close relationship under California law. So are family members, such as grandparents, parents, children and siblings. If any of these relationships is abusive, the victim may seek a domestic violence restraining order from the court. A parent may file for a domestic violence restraining order on behalf of a child that is being abused. Children 12 years of age or older can file on their own.
While domestic violence and restraining orders will impact a divorce they are important protections for those in harm’s way. Other types of restraining orders exist for those who do not qualify for a domestic violence restraining order. A civil harassment restraining order, for example, may apply in a situation where a person is threatened, abused or harassed by a neighbor, coworker, roommate or distant family member. Other types of orders may be issued in situations of elder abuse, dependent adult abuse or workplace violence.
Restraining orders can be tailored based on the facts of the case to prohibit or require activity on the part of the affected person. They can order a person not to go near the victim or the victim’s family, including in some cases the victim’s home and work, children’s schools and other locations.
Domestic violence and restraining orders will impact a divorce proceeding in many areas including child custody and parenting time, orders of child support and/or spousal support. The experienced Certified Family Law Specialists at Burke & Domercq serve not only as advocates for clients who are suffering domestic abuse but aggressive representation for those who are falsely accused. We strongly advocate for those who are at risk but caution that a serious issue such as domestic violence should never be alleged simply to gain an advantage during a divorce.